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On Tuesday, Shickshinny council voted against reimbursing Mayor Beverly Moore $582.59 for hiring her own lawyer, Frank Kepner of Berwick, to accompany her to a personnel meeting last year involving the borough's former officer-in-charge, Brian Morris.

On Thursday, Morris and his wife Paula - with Kepner as their lawyer - filed suit in federal court against the borough and, specifically, former councilman Joseph "Barry" Noss, current councilmen Michael Steeber and James Wido, council President Rosalie Whitebread and former secretary Melissa Weber.

Noss was not re-elected in November and Weber has since retired.

In the suit, Morris alleges he was "harassed, defamed and cheated out of wages" from the time of his hiring on Nov. 23, 2010 to his termination on Jan. 6, 2014.

The harassment included being called "worthless" during a public meeting; being called a thief on "numerous occasions"; accusations that he "illegally fixed" a parking ticket; and being suspended without notice, statement of charges or a hearing.

Other allegations in the suit include:

n On numerous occasions Steeber told Brian Morris he was not hired to fight crime in Shickshinny, but instead was supposed to write parking tickets.

n When Noss was running for re-election, he defamed Morris in campaign circulars.

n After working almost continuously from Sept. 9-11, 2011, during the Tropical Storm Lee flood at Moore's request, Weber tore up Morris' time card and said she had no intention of paying him.

Shickshinny Borough solicitor John Pike wouldn't comment because he hadn't seen the lawsuit. Kepner was not in his office Friday.

Shickshinny currently has no police at all. Council voted in January not to keep Morris on, and in February the other officer, Keith Shackles, resigned. Borough officials plan to search for part-time officers and, if no suitable candidates turn up, will consider contracting with Salem Township for police services.

The solicitor issue

Members of council called a personnel committee meeting on April 17, 2013, which Morris and Shackles were required to attend, according to Moore, who was notified of it by the borough's new secretary, Wendy Kramer.

Moore said she was not privy to what it was about, and Kramer didn't know, either. Calls, emails and texts by Moore to borough officials were to no avail.

"I was completely in the dark as to the meeting," she said.

When Moore learned Pike would be there, she informed Kramer via email that she wanted separate legal counsel, as allowed under borough code. Moore was concerned council might try to fire Morris. She sought outside legal advice because she felt she had no other alternative.

"I am not about to walk into a meeting blindly and without an understanding of what is going on," she said.

Complicating the matter was the fact that at one point some years ago council passed a resolution that only the council president and secretary could contact the borough solicitor directly.

Pike said the resolution was passed by council before he started as Shickshinny's solicitor in January 2013.

He said he didn't know what the story was with the April 17, 2013 meeting, either.

"That meeting that got scheduled, I got the call to come down. That was it. That's all I knew," Pike said.

Moore showed up on April 17, 2013, with Kepner in tow, but the meeting ended up being called off.

Moore submitted her legal bill in June 2013, but council didn't pay it. When she found out, she submitted it again, and, on Pike's advice, council again refused the reimbursement.

Moore then asked the Pennsylvania State Mayors' Association about whether a borough council could impose conditions or restrictions on the ability of a mayor to seek legal advice from their solicitor.

In his March 20 reply, the association's president, James F. Nowalk stated he would ordinarily refer the request to the organization's solicitor.

But, he wrote, "Because I believe the Borough Code is so clear and unambiguous on the question you have asked, I will respond to you directly."

Nowalk quoted Section 1117 of the code that lists the duties of solicitors, including the passage:

"In the case of a legal dispute between the mayor and council, or in any other case where representation of the mayor and council by the borough solicitor would create a conflict of interest for the borough solicitor, the mayor is authorized to employ outside counsel at borough expense, not to exceed four thousand dollars ($4,000) in any twelve-month period, to perform necessary legal services."

Nowalk notes that the statutes "make it clear that the Borough Solicitor is the legal representative of the Mayor as well as the Council."

But council voted 3-2 against paying the bill, with Whitebread, Steeber and Wido voting no and Kathy Llewellyn and Kevin Morris - no relation to Brian Morris - voting yes.

Pike said at the time he didn't think council had to reimburse Moore. Later, when asked why, Pike said he couldn't comment because it would breach his client's - borough council - confidentiality.

Council did, however, unanimously vote on Tuesday to repeal the resolution that only the president and borough secretary can deal with the solicitor.

Going forward, Moore will have to resort to legal recourse to get her reimbursement.

Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association, said, "I think it's safe to say that if she wants to pursue the issue, and her efforts have been rebuffed, to file a lawsuit."

Most claims under $12,000 would be heard by a magisterial district judge, and any appeal would go to county court, she said.

Moore said she does plan to take the matter to the magistrate.

"I have been deliberately shunned as far as borough business and access to the solicitor, access to the secretary," she said. "Yes, we'll take this further."

eskrapits@citizensvoice.com, 570-821-2072

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